Limitation of Interest and Other Charges. If, at any time, the rate of interest, together with all amounts which constitute interest and which are reserved, charged or taken by the Bank as compensation for fees, services or expenses incidental to the making, negotiating or collection of the loan evidenced hereby, shall be deemed by any competent court of law, governmental agency or tribunal to exceed the maximum rate of interest permitted to be charged by the Bank to the Borrower under applicable law, then, during such time as such rate of interest would be deemed excessive, that portion of each sum paid attributable to that portion of such interest rate that exceeds the maximum rate of interest so permitted shall be deemed a voluntary prepayment of principal. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Agreement shall be governed by such new law as of its effective date.
Limitation of Interest and Other Charges. If, at any time, the rate of interest, together with all amounts which constitute interest and which are reserved, charged or taken by the Bank as compensation for fees, services or expenses incidental to the making, negotiating or collection of the loan evidenced hereby, shall be deemed by any competent court of law, governmental agency or tribunal to exceed the maximum rate of Interest permitted to be charged by the Bank to the Borrower under applicable law, then, during such time as such rate of interest would be deemed excessive, that portion of each sum paid attributable to that portion of such interest rate that exceeds the maximum rate of interest so permitted shall be deemed a voluntary prepayment of principal. As used herein, the term “applicable laws shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Agreement shall be governed by such new law as of its effective date. The Borrower executed this Agreement as of the date stated at the top of the first page, intending to create an instrument executed under seal. Bank of America, NA, By: /s/ XX Xxxxxxx Xxxxxxxxxxx X. Xxxxxxx, Senior Vice President Borrower: WAYFAIR LLC By: /s/ Xxxxxxxx Xxxxxx (Seal) Xxxxxxxx X. Xxxxxx, Chief Financial Officer /s/ Xxxxx Xxxxxxxx Witness Address where notices to WAYFAIR LLC are to be sent 000 Xxxxxxxxxx Xxx Xxxxxx, XX 00000 Telephone: (000) 000-0000 Email: xxxxx@xxxxxxx.xxx Address where notices to the Bank are to be sent Doc Retention-CF CT2-515-BB-03 00 Xxxxxxxxx Xxxx Road Farmington, CT 06032
Limitation of Interest and Other Charges. Notwithstanding any other provision contained in this Agreement, Lender does not intend to charge and Borrower shall not be required to pay any amount of interest or other fees or charges that is in excess of the maximum permitted by applicable law. Any payment in excess of such maximum shall be refunded to Borrower or credited against principal, at the option of Lender. It is the express intent hereof that Borrower not pay and Lender not receive, directly or indirectly, interest in excess of that which may be lawfully paid under applicable law including the usury laws in force in the State of Florida.
Limitation of Interest and Other Charges. Applicant and Bank intend to conform strictly to the applicable usury laws, if any, now or hereafter in force with respect to this Agreement. To such end: the aggregate of all interest and other charges constituting interest under such applicable usury laws and contracted for, chargeable or receivable under this Agreement shall never exceed the maximum amount of interest, nor produce a rate in excess of the maximum contract rate of interest, that Bank is authorized to charge Applicant under such applicable usury laws.
Limitation of Interest and Other Charges. Applicant and Issuer intend to conform strictly to the applicable usury laws now or hereafter in force with respect to this Agreement. To such end: (a) the aggregate of all interest and other charges constituting interest under such applicable usury laws and contracted for, chargeable or receivable under this Agreement shall never exceed the maximum amount of interest, nor produce a rate in excess of the maximum contract rate of Interest, that Issuer is authorized to charge Applicant under such applicable usury laws; (b) if any excess interest is provided for, it shall be deemed a mistake, and the excess shall, at the option of Issuer, either be refunded to Applicant or credited on the unpaid principal balance of Issuer's reimbursement obligation, and this Agreement shall be automatically reformed to permit only the collection of the maximum legal contract rate and the maximum amount of interest, and (c) in determining the maximum amount of interest that Issuer may charge to Applicant, all interest shall be amortized, prorated, allocated and spread over the entire term of Applicant's reimbursement obligation (as extended, if applicable) to the full extent permitted by applicable usury laws. Reference herein to usury laws shall also include any applicable federal or state usury statutes or laws from time to time in effect to the extent the same may govern and control transactions covered hereunder.
Limitation of Interest and Other Charges. Notwithstanding any other provision contained in this Agreement, the Bank does not intend to charge and the Borrower shall not be required to pay any amount of interest or other fees or charges that is in excess of the maximum permitted by applicable law. Any payment in excess of such maximum shall be refunded to the Borrower or credited against principal, at the option of the Bank. It is the express intent hereof that the Borrower not pay and the Bank not receive, directly or indirectly, interest in excess of that which may be lawfully paid under applicable law including the usury laws in force in the state of Florida. Ref# 0000000000 — MCA Enterprises Xxxxxxx Inc. Bridge Loan Agreement This Agreement is executed as of the date stated at the top of the first page. Bank: Bank of America, N.A. By: /s/ Xxxxx X. Xxxxxxxxxx-Xxxxx Authorized Officer Borrower: MCA Enterprises Xxxxxxx, Inc. By: /s/ T. Xxxxxxx Xxxxxx Xxxxxx X. Xxxxxx, President By: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx, Secretary Address where notices to the Bank are to be sent: Address where notices to the Borrower are to be sent: Bank of America, N.A. MCA Enterprises Xxxxxxx, Inc. Doc Retention — GCF 00000 X 00 Xxxx Xx. Xxx 000 XX0-000-XX-00 Xxxxxxxxxx, XX 00000-0000 00 Xxxxxxxxx Xxxx Road Farmington, CT 06032 Ref# 0000000000 — MCA Enterprises Xxxxxxx Inc. Bridge Loan Agreement
Limitation of Interest and Other Charges. Notwithstanding any other provision contained in the Notes or this Agreement, the Bank does not intend to charge and Borrower shall not be required to pay any amount of interest or other fees or charges that is in excess of the maximum permitted by applicable law. Any payment in excess of such maximum shall be refunded to the Borrower or credited against principal, at the option of the Bank. It is the express intent hereof that Borrower not pay and the Bank not receive, directly or indirectly, interest in excess of that which may be lawfully paid under applicable law including the usury laws in force in the state of Florida. This Agreement is executed as of the date stated at the top of the first page. BANK OF AMERICA, N.A. SOLITRON DEVICES, INC., a Delaware corporation By /s/ Xxxx X. Xxxxxxxxx By: /s/ Xxxx Xxxxxx Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxx Senior Vice President Title: Chief Executive Officer Address where notices to the Bank are to be sent: Bank of America Document Retention - GFS Gateway Village 000 Xxxx. NC1-0260606 000 X. Xxxxx Xxxxxx Xxxxxxxxx, XX 00000 Address where notices to the Borrower are to be sent: Solitron Devices, Inc. 000 Xxxxxxxxx Xxx Xxxx Xxxx Xxxxx, XX 00000 The undersigned acknowledges the provisions of Paragraph 4.4 of this Agreement, and agrees that the account shown therein may be debited as set forth therein. The undersigned is the owner of the account. Account Owner: a Florida corporation Name: Xxxx X. Xxxxxx Title: Chief Executive Officer Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account or obtains a loan. The Bank will ask for the Borrower's legal name, address, tax ID number or social security number and other identifying information. The Bank may also ask for additional information or documentation or take other actions reasonably necessary to verify the identity of the Borrower, guarantor or other related persons.
Limitation of Interest and Other Charges. Notwithstanding any other provision contained in this Agreement, the Bank does not intend to charge and the Borrower shall not be required to pay any amount of interest or other fees or charges that is in excess of the maximum permitted by applicable law. Any payment in excess of such maximum shall be refunded to the Borrower or credited against principal, at the option of the Bank. It is the express intent hereof that the Borrower not pay and the Bank not receive, directly or indirectly, interest in excess of that which may be lawfully paid under applicable law including the usury laws in force in the state of Rhode Island. This Agreement is executed as of the date stated at the top of the first page. BANK OF AMERICA, N.A. KVH INDUSTRIES, INC. By /s/ Xxxxxx X. XxXxxxx By /s/ Xxxxxxx X. Xxxxxx [(Seal)] Typed Name Xxxxxx X. XxXxxxx Name Xxxxxxx X. Xxxxxx Title Senior Vice President Title: Chief Financial Officer Address where notices to the Bank are to be sent: Address where notices to the Borrower are to be sent: Telephone:
Limitation of Interest and Other Charges. Nothing herein, nor any transaction related hereto, shall be construed to operate so as to require Borrower to pay interest at a greater rate than shall be lawful. Should any interest or other charges paid by Borrower in connection with the Loan evidenced by this Agreement result in computation or earning of interest in excess of the maximum contract rate of interest which is legally permitted under applicable Florida law or federal preemption statute, then any and all such excess is hereby waived by the Bank and shall be automatically credited against and in reduction of the balance due under the Loan, and any portion which exceeds such balance shall be paid by the Bank to Borrower. Anything contained herein to the contrary notwithstanding, if, for any reason, the effective rate of interest on the Loan should exceed the maximum lawful rate, the effective rate shall be deemed reduced to and shall be such maximum lawful rate. To the extent permitted by the law, all sums paid or agreed to be paid to the Bank for the use, forbearance or detention of the Indebtedness evidenced by this Agreement shall be amortized, prorated, allocated and spread throughout the full term of the Loan. When determining the maximum legal contract rate of interest allowed to be contracted for by applicable law as changed from time to time, unless otherwise prescribed by law, interest shall be calculated on the basis of a three hundred sixty (360) day year for actual days elapsed.
Limitation of Interest and Other Charges. Notwithstanding any other provision contained in this Agreement, the Bank does not intend to charge and the Borrower shall not be required to pay any amount of interest or other fees or charges that is in excess of the maximum permitted by applicable law Any payment in excess of such maximum shall be refunded to the Borrower or credited against principal, at the option of the Bank. It is the express intent hereof that the Borrower not pay and the Bank not receive, directly or indirectly, interest in excess of that which may be lawfully paid under applicable law including the usury laws in force in state of Florida. This Agreement is executed as of the date stated at the top of the first page. Bank: Bank of America, N.A: By: ________________________________ Authorized Signer, Officer Borrower: American Restaurants Concepts Inc. By: ________________________________ Xxxxxxx X. Xxxxxxxxxxx, President By: ________________________________ $Affixed [illegible] has been or will be paid Xxxxxxx Xxxxxxxxxxx, Vice President Address where notices to the Bank are to be sent: Address where notices to the Borrower are to be sent: Bank of America, N A American Restaurants Concepts Inc. Jacksonville – Attn: Notice Desk 00000 Xxxxx Xxxxx West, Suite 103 FL9-100-03-15 Xxxxxxxxxxxx, XX 00000 0000 Xxxxxxxxx Xxxx., 0xx Xxxxx Xxxxxxxxxxxx, XX 00000 Ref #: 1000015857 – American Restaurants Concepts Inc. AFS Loan Agreement
(1) USA PATRIOT ACT NOTICE
(2) AFFILIATE SHARING NOTICE
